Radhika v. Rameshbabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.08.2019

CORAM

THE HON'BLE Mr. JUSTICE P.N. PRAKASH Crl.R.C.No.762 of 2019 and Crl.M.P.No.10831 of 2019 Radhika

...Petitioner

.Vs.

Rameshbabu

...Respondent

Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to set aside the order dated 03.07.2019 passed in Crl.M.P.No.3120 of 2019 in D.V.No.34 of 2015 by the Judicial Magistrate, Tambaram.

For Petitioner : Mr.M.Vijayakumar

O R D E R

This criminal revision has been filed seeking to set aside the order dated 03.07.2019 passed by the Judicial Magistrate, Tambaram in Crl.M.P.No.3120 of 2019 in D.V.No.34 of 2015. 2.For the sake of convenience, the parties will be referred to by their name.

3.Radhika got married to Rameshbabu on 12.02.2005 and they have a daughter through the wedlock. On account of marital discord, the spouses got estranged resulting in Radhika initiating proceedings in D.V.No.34 of 2015 before the Judicial Magistrate, Tambaram, claiming various reliefs under the Protection of Women from Domestic Violence Act, 2005. Radhika filed Crl.M.P.No.3120 of 2019 in D.V.No.34 of 2015 seeking accommodation in the shared household. The learned Judicial Magistrate, Tambaram has dismissed Crl.M.P.No.3120 of 2019 on 03.07.2019, aggrieved by which, Radhika is before this Court under Section 397 read with 401 Cr.P.C.

4.Heard Mr.M.Vijayakumar, learned counsel for Radhika. 5.At the outset, in the opinion of this Court, present revision petition is not maintainable, in view of Section 29 of https://hcservices.ecourts.gov.in/hcservices/

the Protection of Women from Domestic Violence Act, 2005, which provides for an appeal to the Court of Session. However, Mr.Vijayakumar, learned counsel submitted that Radhika wants reunion with Rameshbabu and does not want to precipitate the matter further.

6.In view of the above, this Court directs the learned Judicial Magistrate, Tambaram to send Radhika and Rameshbabu to the local Mediation Centre or to the local Legal Services Authority for bringing out a compromise between the parties within the specified period.

With the above direction, this petition is closed. Connected miscellaneous petition is closed.

gya Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Judicial Magistrate, Tambaram +1cc to Mr.M.Vijayakumar, Advocate, SR.No.67168 Crl.R.C.No.762 of 2019 Kak(16/09/2019) https://hcservices.ecourts.gov.in/hcservices/